Judgment reversed, on the law and the facts, with costs, and complaint dismissed.
Aside from the equivocal and self-serving testimony of the plaintiff himself, none of the proof adduced at trial substantiated the plaintiff's contention that the question of carryback refunds was considered by the parties in the discussions which preceded the signing of the agreement. In fact, the plaintiff's testimony was contradicted by the testimony of all the other witnesses, including...
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